Florida Senate - 2018 CS for CS for SB 1360
By the Committees on Appropriations; and Children, Families, and
Elder Affairs; and Senator Broxson
576-03802-18 20181360c2
1 A bill to be entitled
2 An act relating to child welfare; amending s. 39.01,
3 F.S.; revising the definition of the term “abuse”;
4 amending s. 39.0138, F.S.; requiring the Department of
5 Children and Families to establish rules for granting
6 exemptions from criminal history and certain other
7 records checks required for persons being considered
8 for placement of a child; requiring the department or
9 its designee to assess the limitations that justify
10 the exemption and the limitation’s effects on the
11 child before granting the exemption; requiring level 1
12 screening for persons granted such exemption;
13 prohibiting placement of a child with persons
14 convicted of a certain felony; amending s. 39.3065,
15 F.S.; requiring the Sheriff of Walton County to
16 provide all child protective investigations in the
17 county beginning with a specified fiscal year;
18 amending s. 39.6012, F.S.; requiring parents to make
19 proactive contact with the department or contracted
20 case management agency at regular intervals; amending
21 s. 39.6013, F.S.; requiring the court to consider
22 certain case details before amending a case plan;
23 amending s. 39.621, F.S.; requiring the court, during
24 permanency hearings, to determine case plan
25 compliance; amending s. 39.701, F.S.; requiring the
26 court, during judicial review hearings, to determine
27 case plan compliance; amending s. 63.092, F.S.;
28 requiring the department to release specified records
29 to entities conducting preliminary home studies;
30 providing that certain specified training is required
31 only for persons who adopt children from the
32 department; amending s. 402.305, F.S.; revising
33 minimum requirements for child care personnel related
34 to screening and fingerprinting; requiring child care
35 facilities to provide information during specified
36 months to parents intended to prevent children from
37 being left in vehicles; requiring the department to
38 develop a flyer or brochure containing specified
39 information; specifying the minimum standards the
40 department must adopt regarding transportation of
41 children by child care facilities; specifying that a
42 child care facility is not responsible for children
43 when they are transported by a parent or guardian;
44 amending s. 402.30501, F.S.; conforming a cross
45 reference; amending ss. 402.313 and 402.3131, F.S.;
46 requiring family day care homes and large family child
47 care homes to provide information during specified
48 months to parents intended to prevent children from
49 being left in vehicles; requiring the department to
50 develop a flyer or brochure containing specified
51 information; amending s. 409.175, F.S.; defining the
52 term “severe disability”; providing an exemption from
53 fingerprint requirements for adult household members
54 with severe disabilities; amending s. 409.991, F.S.;
55 revising the definition of the term “proportion of
56 children in care”; revising the equity allocation
57 formula for community-based care lead agencies;
58 amending s. 435.07, F.S.; revising the offenses that
59 disqualify certain child care personnel from specified
60 employment; amending ss. 1002.55, 1002.57, and
61 1002.59, F.S.; conforming cross-references; providing
62 a directive to the Division of Law Revision and
63 Information; providing an effective date.
64
65 Be It Enacted by the Legislature of the State of Florida:
66
67 Section 1. Subsection (2) of section 39.01, Florida
68 Statutes, is amended to read:
69 39.01 Definitions.—When used in this chapter, unless the
70 context otherwise requires:
71 (2) “Abuse” means any willful act or threatened act that
72 results in any physical, mental, or sexual abuse, injury, or
73 harm that causes or is likely to cause the child’s physical,
74 mental, or emotional health to be significantly impaired. Abuse
75 of a child includes the birth of a new child into a family
76 during the course of an open dependency case when the parent or
77 caregiver has been determined to lack the protective capacity to
78 safely care for the children in the home and has not
79 substantially complied with the case plan towards successful
80 reunification or met the conditions for return of the children
81 into the home. Abuse of a child includes acts or omissions.
82 Corporal discipline of a child by a parent or legal custodian
83 for disciplinary purposes does not in itself constitute abuse
84 when it does not result in harm to the child.
85 Section 2. Present subsections (2) through (7) of section
86 39.0138, Florida Statutes, are renumbered as subsections (3)
87 through (8), respectively, present subsections (2) and (3) are
88 amended, and a new subsection (2) is added to that section, to
89 read:
90 39.0138 Criminal history and other records checks; limit on
91 placement of a child.—
92 (2)(a) The department shall establish rules for granting an
93 exemption from the fingerprinting requirements under subsection
94 (1) for a household member who has a physical, developmental, or
95 cognitive disability that prevents that person from safely
96 submitting fingerprints.
97 (b) Before granting an exemption, the department or its
98 designee shall assess and document the physical, developmental,
99 or cognitive limitations that justify the exemption and the
100 effect of such limitations on the safety and well-being of the
101 child being placed in the home.
102 (c) If a fingerprint exemption is granted, a level 1
103 screening pursuant to s. 435.03 shall be completed on the person
104 who is granted the exemption.
105 (3)(2) The department may not place a child with a person
106 other than a parent if the criminal history records check
107 reveals that the person has been convicted of any felony that
108 falls within any of the following categories:
109 (a) Child abuse, abandonment, or neglect;
110 (b) Domestic violence;
111 (c) Child pornography or other felony in which a child was
112 a victim of the offense; or
113 (d) Homicide, sexual battery, or other felony involving
114 violence, other than felony assault or felony battery when an
115 adult was the victim of the assault, or battery, or resisting
116 arrest with violence.
117 (4)(3) The department may not place a child with a person
118 other than a parent if the criminal history records check
119 reveals that the person has, within the previous 5 years, been
120 convicted of a felony that falls within any of the following
121 categories:
122 (a) Assault;
123 (b) Battery; or
124 (c) A drug-related offense; or
125 (d) Resisting arrest with violence.
126 Section 3. Paragraph (a) of subsection (3) of section
127 39.3065, Florida Statutes, is amended to read:
128 39.3065 Sheriffs of certain counties to provide child
129 protective investigative services; procedures; funding.—
130 (3)(a) Beginning in fiscal year 1999-2000, the sheriffs of
131 Pasco County, Manatee County, Broward County, and Pinellas
132 County shall have the responsibility to provide all child
133 protective investigations in their respective counties.
134 Beginning in fiscal year 2018-2019, the Sheriff of Walton County
135 shall provide all child protective investigations in his or her
136 county. Beginning in fiscal year 2000-2001, the Department of
137 Children and Families is authorized to enter into grant
138 agreements with sheriffs of other counties to perform child
139 protective investigations in their respective counties.
140 Section 4. Paragraph (d) is added to subsection (1) of
141 section 39.6012, Florida Statutes, to read:
142 39.6012 Case plan tasks; services.—
143 (1) The services to be provided to the parent and the tasks
144 that must be completed are subject to the following:
145 (d) Parents must provide accurate contact information to
146 the department or the contracted case management agency, update
147 such information as appropriate, and make proactive contact with
148 the department or the contracted case management agency at least
149 every 14 calendar days to provide information on the status of
150 case plan task completion, barriers to completion, and plans
151 toward reunification.
152 Section 5. Subsections (6) and (7) of section 39.6013,
153 Florida Statutes, are renumbered as subsections (7) and (8),
154 respectively, and a new subsection (6) is added to that section,
155 to read:
156 39.6013 Case plan amendments.—
157 (6) When determining whether to amend the case plan, the
158 court must consider the length of time the case has been open,
159 the level of parental engagement to date, the number of case
160 plan tasks completed, the child’s type of placement and
161 attachment, and the potential for successful reunification.
162 Section 6. Subsection (5) of section 39.621, Florida
163 Statutes, is amended to read:
164 39.621 Permanency determination by the court.—
165 (5) At the permanency hearing, the court shall determine:
166 (a) Whether the current permanency goal for the child is
167 appropriate or should be changed;
168 (b) When the child will achieve one of the permanency
169 goals; and
170 (c) Whether the department has made reasonable efforts to
171 finalize the permanency plan currently in effect; and
172 (d) Whether the frequency, duration, manner, and level of
173 engagement of the parent or legal guardian’s visitation with the
174 child meets the case plan requirements.
175 Section 7. Paragraph (d) of subsection (2) of section
176 39.701, Florida Statutes, is amended to read:
177 39.701 Judicial review.—
178 (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
179 AGE.—
180 (d) Orders.—
181 1. Based upon the criteria set forth in paragraph (c) and
182 the recommended order of the citizen review panel, if any, the
183 court shall determine whether or not the social service agency
184 shall initiate proceedings to have a child declared a dependent
185 child, return the child to the parent, continue the child in
186 out-of-home care for a specified period of time, or initiate
187 termination of parental rights proceedings for subsequent
188 placement in an adoptive home. Amendments to the case plan must
189 be prepared as prescribed in s. 39.6013. If the court finds that
190 the prevention or reunification efforts of the department will
191 allow the child to remain safely at home or be safely returned
192 to the home, the court shall allow the child to remain in or
193 return to the home after making a specific finding of fact that
194 the reasons for the creation of the case plan have been remedied
195 to the extent that the child’s safety, well-being, and physical,
196 mental, and emotional health will not be endangered.
197 2. The court shall return the child to the custody of the
198 parents at any time it determines that they have substantially
199 complied with the case plan, if the court is satisfied that
200 reunification will not be detrimental to the child’s safety,
201 well-being, and physical, mental, and emotional health.
202 3. If, in the opinion of the court, the social service
203 agency has not complied with its obligations as specified in the
204 written case plan, the court may find the social service agency
205 in contempt, shall order the social service agency to submit its
206 plans for compliance with the agreement, and shall require the
207 social service agency to show why the child could not safely be
208 returned to the home of the parents.
209 4. If, at any judicial review, the court finds that the
210 parents have failed to substantially comply with the case plan
211 to the degree that further reunification efforts are without
212 merit and not in the best interest of the child, on its own
213 motion, the court may order the filing of a petition for
214 termination of parental rights, whether or not the time period
215 as contained in the case plan for substantial compliance has
216 expired.
217 5. Within 6 months after the date that the child was placed
218 in shelter care, the court shall conduct a judicial review
219 hearing to review the child’s permanency goal as identified in
220 the case plan. At the hearing the court shall make findings
221 regarding the likelihood of the child’s reunification with the
222 parent or legal custodian. In making such findings, the court
223 shall consider the level of the parent or legal custodian’s
224 compliance with the case plan and demonstrated change in
225 protective capacities compared to that necessary to achieve
226 timely reunification within 12 months after the removal of the
227 child from the home. The court shall also consider the
228 frequency, duration, manner, and level of engagement of the
229 parent or legal custodian’s visitation with the child in
230 compliance with the case plan. If the court makes a written
231 finding that it is not likely that the child will be reunified
232 with the parent or legal custodian within 12 months after the
233 child was removed from the home, the department must file with
234 the court, and serve on all parties, a motion to amend the case
235 plan under s. 39.6013 and declare that it will use concurrent
236 planning for the case plan. The department must file the motion
237 within 10 business days after receiving the written finding of
238 the court. The department must attach the proposed amended case
239 plan to the motion. If concurrent planning is already being
240 used, the case plan must document the efforts the department is
241 taking to complete the concurrent goal.
242 6. The court may issue a protective order in assistance, or
243 as a condition, of any other order made under this part. In
244 addition to the requirements included in the case plan, the
245 protective order may set forth requirements relating to
246 reasonable conditions of behavior to be observed for a specified
247 period of time by a person or agency who is before the court;
248 and the order may require any person or agency to make periodic
249 reports to the court containing such information as the court in
250 its discretion may prescribe.
251 Section 8. Subsection (3) of section 63.092, Florida
252 Statutes, is amended to read:
253 63.092 Report to the court of intended placement by an
254 adoption entity; at-risk placement; preliminary study.—
255 (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
256 intended adoptive home, a preliminary home study must be
257 performed by a licensed child-placing agency, a child-caring
258 agency registered under s. 409.176, a licensed professional, or
259 an agency described in s. 61.20(2), unless the adoptee is an
260 adult or the petitioner is a stepparent or a relative. If the
261 adoptee is an adult or the petitioner is a stepparent or a
262 relative, a preliminary home study may be required by the court
263 for good cause shown. The department is required to perform the
264 preliminary home study only if there is no licensed child
265 placing agency, child-caring agency registered under s. 409.176,
266 licensed professional, or agency described in s. 61.20(2), in
267 the county where the prospective adoptive parents reside. The
268 preliminary home study must be made to determine the suitability
269 of the intended adoptive parents and may be completed prior to
270 identification of a prospective adoptive minor. A favorable
271 preliminary home study is valid for 1 year after the date of its
272 completion. Upon its completion, a signed copy of the home study
273 must be provided to the intended adoptive parents who were the
274 subject of the home study. A minor may not be placed in an
275 intended adoptive home before a favorable preliminary home study
276 is completed unless the adoptive home is also a licensed foster
277 home under s. 409.175. The preliminary home study must include,
278 at a minimum:
279 (a) An interview with the intended adoptive parents;
280 (b) Records checks of the department’s central abuse
281 registry, which the department shall provide to the entity
282 conducting the preliminary home study, and criminal records
283 correspondence checks under s. 39.0138 through the Department of
284 Law Enforcement on the intended adoptive parents;
285 (c) An assessment of the physical environment of the home;
286 (d) A determination of the financial security of the
287 intended adoptive parents;
288 (e) Documentation of counseling and education of the
289 intended adoptive parents on adoptive parenting, as determined
290 by the entity conducting the preliminary home study. The
291 training specified in s. 409.175(14) shall only be required for
292 persons who adopt children from the department;
293 (f) Documentation that information on adoption and the
294 adoption process has been provided to the intended adoptive
295 parents;
296 (g) Documentation that information on support services
297 available in the community has been provided to the intended
298 adoptive parents; and
299 (h) A copy of each signed acknowledgment of receipt of
300 disclosure required by s. 63.085.
301
302 If the preliminary home study is favorable, a minor may be
303 placed in the home pending entry of the judgment of adoption. A
304 minor may not be placed in the home if the preliminary home
305 study is unfavorable. If the preliminary home study is
306 unfavorable, the adoption entity may, within 20 days after
307 receipt of a copy of the written recommendation, petition the
308 court to determine the suitability of the intended adoptive
309 home. A determination as to suitability under this subsection
310 does not act as a presumption of suitability at the final
311 hearing. In determining the suitability of the intended adoptive
312 home, the court must consider the totality of the circumstances
313 in the home. A minor may not be placed in a home in which there
314 resides any person determined by the court to be a sexual
315 predator as defined in s. 775.21 or to have been convicted of an
316 offense listed in s. 63.089(4)(b)2.
317 Section 9. Paragraphs (b) through (f) of subsection (2) of
318 section 402.305, Florida Statutes, are redesignated as
319 paragraphs (c) through (g), respectively, paragraph (a) of
320 subsection (2) and subsections (9) and (10) are amended, and a
321 new paragraph (b) is added to that subsection (2), to read:
322 402.305 Licensing standards; child care facilities.—
323 (2) PERSONNEL.—Minimum standards for child care personnel
324 shall include minimum requirements as to:
325 (a) Good moral character based upon screening as defined in
326 s. 402.302(15). This screening shall be conducted as provided in
327 chapter 435, using the level 2 standards for screening set forth
328 in that chapter, and must include employment history checks, a
329 search of criminal history records, sexual predator and sexual
330 offender registries, and child abuse and neglect registry of any
331 state in which the current or prospective child care personnel
332 resided during the preceding 5 years.
333 (b) Fingerprint submission for child care personnel, which
334 shall comply with s. 435.12.
335 (9) ADMISSIONS AND RECORDKEEPING.—
336 (a) Minimum standards shall include requirements for
337 preadmission and periodic health examinations, requirements for
338 immunizations, and requirements for maintaining emergency
339 information and health records on all children.
340 (b) During the months of August and September of each year,
341 each child care facility shall provide parents of children
342 enrolled in the facility detailed information regarding the
343 causes, symptoms, and transmission of the influenza virus in an
344 effort to educate those parents regarding the importance of
345 immunizing their children against influenza as recommended by
346 the Advisory Committee on Immunization Practices of the Centers
347 for Disease Control and Prevention.
348 (c) During the months of April and September of each year,
349 at a minimum, each facility shall provide parents of children
350 enrolled in the facility with information regarding the
351 potential for a distracted adult to fail to drop off a child at
352 the facility and instead leave the child in the adult’s vehicle
353 upon arrival at the adult’s destination. The child care facility
354 shall also give parents information about resources with
355 suggestions to avoid this occurrence. The department shall
356 develop a flyer or brochure with this information, which shall
357 be posted to the department’s website, which child care
358 facilities may choose to reproduce and provide to parents to
359 satisfy the requirements of this paragraph.
360 (d)(c) Because of the nature and duration of drop-in child
361 care, requirements for preadmission and periodic health
362 examinations and requirements for medically signed records of
363 immunization required for child care facilities shall not apply.
364 A parent of a child in drop-in child care shall, however, be
365 required to attest to the child’s health condition and the type
366 and current status of the child’s immunizations.
367 (e)(d) Any child shall be exempt from medical or physical
368 examination or medical or surgical treatment upon written
369 request of the parent or guardian of such child who objects to
370 the examination and treatment. However, the laws, rules, and
371 regulations relating to contagious or communicable diseases and
372 sanitary matters shall not be violated because of any exemption
373 from or variation of the health and immunization minimum
374 standards.
375 (10) TRANSPORTATION SAFETY.—Minimum standards shall include
376 requirements for child restraints or seat belts in vehicles used
377 by child care facilities and large family child care homes to
378 transport children, requirements for annual inspections of the
379 vehicles, limitations on the number of children in the vehicles,
380 procedures to avoid leaving children in vehicles when
381 transported by the facility, and accountability for children
382 being transported by the child care facility. A child care
383 facility is not responsible for children when they are
384 transported by a parent or guardian.
385 Section 10. Section 402.30501, Florida Statutes, is amended
386 to read:
387 402.30501 Modification of introductory child care course
388 for community college credit authorized.—The Department of
389 Children and Families may modify the 40-clock-hour introductory
390 course in child care under s. 402.305 or s. 402.3131 to meet the
391 requirements of articulating the course to community college
392 credit. Any modification must continue to provide that the
393 course satisfies the requirements of s. 402.305(2)(e) s.
394 402.305(2)(d).
395 Section 11. Subsection (15) is added to section 402.313,
396 Florida Statutes, to read:
397 402.313 Family day care homes.—
398 (15) During the months of April and September of each year,
399 at a minimum, each family day care home shall provide parents of
400 children attending the family day care home with information
401 regarding the potential for a distracted adult to fail to drop
402 off a child at the family day care home and instead leave the
403 child in the adult’s vehicle upon arrival at the adult’s
404 destination. The family day care home shall also give parents
405 information about resources with suggestions to avoid this
406 occurrence. The department shall develop a flyer or brochure
407 with this information, which shall be posted to the department’s
408 website, which family day care homes may choose to reproduce and
409 provide to parents to satisfy the requirements of this
410 subsection.
411 Section 12. Subsection (10) is added to section 402.3131,
412 Florida Statutes, to read:
413 402.3131 Large family child care homes.—
414 (10) During the months of April and September of each year,
415 at a minimum, each large family child care home shall provide
416 parents of children attending the large family child care home
417 with information regarding the potential for a distracted adult
418 to fail to drop off a child at the large family child care home
419 and instead leave the child in the adult’s vehicle upon arrival
420 at the adult’s destination. The large family child care home
421 shall also give parents information about resources with
422 suggestions to avoid this occurrence. The department shall
423 develop a flyer or brochure with this information, which shall
424 be posted to the department’s website, which large family child
425 care homes may choose to reproduce and provide to parents to
426 satisfy the requirements of this subsection.
427 Section 13. Paragraphs (l) and (m) of subsection (2) of
428 section 409.175, Florida Statutes, are redesignated as
429 paragraphs (m) and (n), respectively, a new paragraph (l) is
430 added to that subsection, and paragraph (a) of subsection (6) of
431 that section is amended, to read:
432 409.175 Licensure of family foster homes, residential
433 child-caring agencies, and child-placing agencies; public
434 records exemption.—
435 (2) As used in this section, the term:
436 (l) “Severe disability” means a physical, developmental, or
437 cognitive limitation affecting an individual’s ability to safely
438 submit fingerprints.
439 (6)(a) An application for a license shall be made on forms
440 provided, and in the manner prescribed, by the department. The
441 department shall make a determination as to the good moral
442 character of the applicant based upon screening. The department
443 may grant an exemption from fingerprinting requirements,
444 pursuant to s. 39.0138, for an adult household member who has a
445 severe disability.
446 Section 14. Paragraph (e) of subsection (1) and subsections
447 (2) and (4) of section 409.991, Florida Statutes, are amended to
448 read:
449 409.991 Allocation of funds for community-based care lead
450 agencies.—
451 (1) As used in this section, the term:
452 (e) “Proportion of children in care” means the proportion
453 of the number of children in care receiving in-home services
454 over the most recent 12-month period, the number of children
455 whose families were receiving family support services during the
456 most recent 12-month period, and the number of children who have
457 entered into in out-of-home care with a case management overlay
458 during the most recent 24-month 12-month period. This
459 subcomponent shall be weighted as follows:
460 1. Fifteen percent shall be based on children whose
461 families are receiving family support services.
462 2.1. Fifty-five Sixty percent shall be based on children in
463 out-of-home care.
464 3.2. Thirty Forty percent shall be based on children in in
465 home care.
466 (2) The equity allocation of core services funds shall be
467 calculated based on the following weights:
468 (a) Proportion of the child population shall be weighted as
469 5 percent of the total.;
470 (b) Proportion of child abuse hotline workload shall be
471 weighted as 35 15 percent of the total.; and
472 (c) Proportion of children in care shall be weighted as 60
473 80 percent of the total.
474 (4) Unless otherwise specified in the General
475 Appropriations Act, any new core services funds shall be
476 allocated based on the equity allocation model as follows:
477 (a) Seventy Twenty percent of new funding shall be
478 allocated among all community-based care lead agencies.
479 (b) Thirty Eighty percent of new funding shall be allocated
480 among community-based care lead agencies that are funded below
481 their equitable share. Funds allocated pursuant to this
482 paragraph shall be weighted based on each community-based care
483 lead agency’s relative proportion of the total amount of funding
484 below the equitable share.
485 Section 15. Subsection (4) of section 435.07, Florida
486 Statutes, is amended to read:
487 435.07 Exemptions from disqualification.—Unless otherwise
488 provided by law, the provisions of this section apply to
489 exemptions from disqualification for disqualifying offenses
490 revealed pursuant to background screenings required under this
491 chapter, regardless of whether those disqualifying offenses are
492 listed in this chapter or other laws.
493 (4)(a) Disqualification from employment under this chapter
494 may not be removed from, nor may an exemption be granted to, any
495 personnel who is found guilty of, regardless of adjudication, or
496 who has entered a plea of nolo contendere or guilty to, any
497 felony covered by s. 435.03 or s. 435.04 solely by reason of any
498 pardon, executive clemency, or restoration of civil rights.
499 (b) Disqualification from employment under this chapter may
500 not be removed from, nor may an exemption be granted to, any
501 person who is a:
502 1. Sexual predator as designated pursuant to s. 775.21;
503 2. Career offender pursuant to s. 775.261; or
504 3. Sexual offender pursuant to s. 943.0435, unless the
505 requirement to register as a sexual offender has been removed
506 pursuant to s. 943.04354.
507 (c) Disqualification from employment under this chapter may
508 not be removed from, and an exemption may not be granted to, any
509 current or prospective child care personnel, as defined in s.
510 402.302(3), and such a person is disqualified from employment as
511 child care personnel, regardless of any previous exemptions from
512 disqualification, if the person has been registered as a sex
513 offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been
514 arrested for and is awaiting final disposition of, has been
515 convicted or found guilty of, or entered a plea of guilty or
516 nolo contendere to, regardless of adjudication, or has been
517 adjudicated delinquent and the record has not been sealed or
518 expunged for, any offense prohibited under any of the following
519 provisions of state law or a similar law of another
520 jurisdiction:
521 1. A felony offense prohibited under any of the following
522 statutes:
523 a. Chapter 741, relating to domestic violence.
524 b. Section 782.04, relating to murder.
525 c. Section 782.07, relating to manslaughter, aggravated
526 manslaughter of an elderly person or disabled adult, aggravated
527 manslaughter of a child, or aggravated manslaughter of an
528 officer, a firefighter, an emergency medical technician, or a
529 paramedic.
530 d. Section 784.021, relating to aggravated assault.
531 e. Section 784.045, relating to aggravated battery.
532 f. Section 787.01, relating to kidnapping.
533 g. Section 787.025, relating to luring or enticing a child.
534 h. Section 787.04(2), relating to leading, taking,
535 enticing, or removing a minor beyond the state limits, or
536 concealing the location of a minor, with criminal intent pending
537 custody proceedings.
538 i. Section 787.04(3), relating to leading, taking,
539 enticing, or removing a minor beyond the state limits, or
540 concealing the location of a minor, with criminal intent pending
541 dependency proceedings or proceedings concerning alleged abuse
542 or neglect of a minor.
543 j. Section 794.011, relating to sexual battery.
544 k. Former s. 794.041, relating to sexual activity with or
545 solicitation of a child by a person in familial or custodial
546 authority.
547 l. Section 794.05, relating to unlawful sexual activity
548 with certain minors.
549 m. Section 794.08, relating to female genital mutilation.
550 n. Section 806.01, relating to arson.
551 o. Section 826.04, relating to incest.
552 p. Section 827.03, relating to child abuse, aggravated
553 child abuse, or neglect of a child.
554 q. Section 827.04, relating to contributing to the
555 delinquency or dependency of a child.
556 r. Section 827.071, relating to sexual performance by a
557 child.
558 s. Chapter 847, relating to child pornography.
559 t. Chapter 893, relating to a drug abuse prevention and
560 control offense, if that offense was committed in the preceding
561 5 years.
562 u.t. Section 985.701, relating to sexual misconduct in
563 juvenile justice programs.
564 2. A misdemeanor offense prohibited under any of the
565 following statutes:
566 a. Section 784.03, relating to battery, if the victim of
567 the offense was a minor.
568 b. Section 787.025, relating to luring or enticing a child.
569 c. Chapter 847, relating to child pornography.
570 3. A criminal act committed in another state or under
571 federal law which, if committed in this state, constitutes an
572 offense prohibited under any statute listed in subparagraph 1.
573 or subparagraph 2.
574 Section 16. Paragraph (g) of subsection (3) of section
575 1002.55, Florida Statutes, is amended to read:
576 1002.55 School-year prekindergarten program delivered by
577 private prekindergarten providers.—
578 (3) To be eligible to deliver the prekindergarten program,
579 a private prekindergarten provider must meet each of the
580 following requirements:
581 (g) The private prekindergarten provider must have a
582 prekindergarten director who has a prekindergarten director
583 credential that is approved by the office as meeting or
584 exceeding the minimum standards adopted under s. 1002.57.
585 Successful completion of a child care facility director
586 credential under s. 402.305(2)(g) s. 402.305(2)(f) before the
587 establishment of the prekindergarten director credential under
588 s. 1002.57 or July 1, 2006, whichever occurs later, satisfies
589 the requirement for a prekindergarten director credential under
590 this paragraph.
591 Section 17. Subsections (3) and (4) of section 1002.57,
592 Florida Statutes, are amended to read:
593 1002.57 Prekindergarten director credential.—
594 (3) The prekindergarten director credential must meet or
595 exceed the requirements of the Department of Children and
596 Families for the child care facility director credential under
597 s. 402.305(2)(g) s. 402.305(2)(f), and successful completion of
598 the prekindergarten director credential satisfies these
599 requirements for the child care facility director credential.
600 (4) The department shall, to the maximum extent
601 practicable, award credit to a person who successfully completes
602 the child care facility director credential under s.
603 402.305(2)(g) s. 402.305(2)(f) for those requirements of the
604 prekindergarten director credential which are duplicative of
605 requirements for the child care facility director credential.
606 Section 18. Subsection (1) of section 1002.59, Florida
607 Statutes, is amended to read:
608 1002.59 Emergent literacy and performance standards
609 training courses.—
610 (1) The office shall adopt minimum standards for one or
611 more training courses in emergent literacy for prekindergarten
612 instructors. Each course must comprise 5 clock hours and provide
613 instruction in strategies and techniques to address the age
614 appropriate progress of prekindergarten students in developing
615 emergent literacy skills, including oral communication,
616 knowledge of print and letters, phonemic and phonological
617 awareness, and vocabulary and comprehension development. Each
618 course must also provide resources containing strategies that
619 allow students with disabilities and other special needs to
620 derive maximum benefit from the Voluntary Prekindergarten
621 Education Program. Successful completion of an emergent literacy
622 training course approved under this section satisfies
623 requirements for approved training in early literacy and
624 language development under ss. 402.305(2)(e)5. 402.305(2)(d)5.,
625 402.313(6), and 402.3131(5).
626 Section 19. The Division of Law Revision and Information is
627 directed to prepare, with the assistance of the staffs of the
628 appropriate substantive committees of the House of
629 Representatives and the Senate, a reviser’s bill for the 2019
630 Regular Session of the Legislature to capitalize the first
631 letter of each word of the term “child protection team” wherever
632 it occurs in Florida Statutes.
633 Section 20. This act shall take effect July 1, 2018.